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First Class Assignments - Fall 2021

Assignments are being posted as they come in, so check back often.

Legal Interviewing, Counseling, and Negotiation - Prof. Aloi

  • Review the ICN Syllabus Visit www.humanmetrics.com and take the Jung [Myers Briggs] Typology Test, score the test, and then read the materials about your typology. 
  • Additional course materials will be posted to eCampus throughout the semester. 
  • Jung-Myers Briggs Typology
    Review materials posted to eCampus. 
  • Read BRENNAN, Michael G. and DUSHKU, Alexander, “Each Lawyer’s Crisis,” 81 Marq. L. Rev. 831 (1998).


Health Care Torts - Prof. Aull

  • Lenny Bernstein, Once Again, U.S. Has Most Expensive, Least Effective Health Care System in Survey, WASH. POST, Jun. 16, 2014, https://www.washingtonpost.com/news/to-your-health/wp/2014/06/16/once-again-u-s-has-most-expensive-least-effective-health-care-system-in-survey/
  • The Problem of Medical Error (excerpt from Furrow, 7th ed.) (note this is from the old textbook so Prof. Aull will email a copy to students in advance of the first class)


Constitutional Law II - Prof. Bastress

The text for the course is Robert M. Bastress, “The Freedoms of Expression and Conscience,” which is available in the law school bookstore. The assignment for Wednesday, August 18, is to read Chapter 1 of the text.


Employment Discrimination - Prof. Bastress

The texts for the course are SULLIVAN & ZIMMER, CASES AND MATERIALS ON EMPLOYMENT DISCRIMINATION (Wolters Kluwer 9 th ed. 2017), and its accompanying 2020 Statutory and Selected Cases Supplement. The assignment for Wednesday, August 18 , is to read the “Note to Students,” pages xxv-xxxiii, and pages 1-14 of the text.


Contracts I - Prof. Cardi

Mon-Wed-Fri – 8:30-9:55 a.m., Room 153

Required text is Contract and Related Obligation by Summers, Hillman, and Hoffman, 7th Ed., 2016.

For the first class, Wednesday August 18, please read pages 3 through 19 in the book, and be prepared to analyze the material.


Criminal Law - Prof. Cyphert

Making Criminal Law § A
Pages 73-97 (24 pages)


Civil Procedure - Prof. DiSalvo

We will use these books:

  • Friedenthal, et al., Civil Procedure: Cases and Materials, Twelfth Edition
  • Friedenthal, et al, 2021-2022 Civil Procedure Supplement


Latptops

The proposition that laptops are an impediment to student learning is gaining wider and wider acceptance in law schools. While watching videos, shopping, game-playing, googling, social media posting, texting, etc., during class are all problems, the misuse I am most concerned with is the tendency of laptop users to become transcriptionists rather than thinkers. Transcriptionists become pre-occupied with getting down every word from the prof, miss the big, important ideas, don’t synthesize, and are not involved in the on-going dialogue.
When tested, they don’t do as well as folks using pen and paper.
See, http://pss.sagepub.com/content/25/6/1159
In keeping with these concerns, I ask that you keep your laptops closed and out of sight during class.

For our first class on Wednesday, August 18, at 10:30 a.m. in Room 153, please read:

  • pp 1 - 20 (through and including section 12); pp 22 (starting at section 14) - 27 (up to, but not including, Part F) in the main text
  • pp 556 - 556 in the main text

I will have a full syllabus for the semester ready for distribution at this first class. I cannot provide it now because West Academic Publishing has yet to publish our Supplement.


Intro to Immigration Law - Profs. Friedberg, Whitehill, Peck

Before we begin our study of substantive immigration law, we’ll begin by looking at a threshold question: Why has immigration become so controversial? To prepare, please read the news summary and report linked below.


Torts - Prof. McConlogue

Orientation Assignment: Create a video introduction of yourself. Tell me your first and last names, pronouns, any preferred nickname, and your 2-3 favorite TV shows. Also share three facts about yourself such as favorite song, hidden talent, where you went to college, etc. The more unique the better. Upload the video to the Torts ecampus page by 5:00PM on Friday, August 13. (The Torts eCampus page may not be accessible until Wednesday, August 11.)

First Reading Assignment: Introduction to Torts, pages 1-14 for class on August 19. Then Battery: Intent, Harmful Contact, pages 15-28 for class on August 20.

Book: Best, Barnes & Kahn-Fogel, Basic Tort Law, 5th Ed. Wolters Kluwer.


Evidence - Prof. McDiarmid

Software: We will be using CALI Quizwright this semester for in-class quizzes. To make this work, you need to do two things before the first class. Step 1: If you have not already done so, you need to register with CALI and get your credentials. This is free and the instructions for how to do so are available in the library. Step 2: You need to arrange to bring a computer, tablet or smart phone with you to every class. If you have a problem at either step, let me know. The first quiz will be on the first day of class, so please get this dealt with before then. These quizzes are subject to the Honor Code. You are to answer the questions without assistance from anyone else.

Class materials and some quizzes will be published on an eCampus site for this course. Please spend some time before the first class making sure that you can access eCampus.

The book for this semester will be Learning Evidence: from Federal Rules to the Courtroom. This book offers some on-line materials including an e-version of the book, some practice multiple choice questions, and some simulation exercises which give you the opportunity to use the rules in courtroom like exercises. I will not be assigning the questions or the simulations for credit. However, I will require that you certify to me by the middle of the semester that you have run at least one of the simulations. I encourage you to use all these materials to improve your understanding of evidence. This book comes in paper and electronic form, if you prefer to use the e-version of the book, I am told by the bookstore that you can obtain access to all of these electronic materials whether you buy the book or rent it. Last year, students who bought the book second hand could not get a license for the electronic version.

Assignments: August 18 -- Rules 101, 102, 103, 1101, 1102 MS 5-30, 39-47, 50-55. Our text lacks the federal Advisory Committee notes for the rules. Understanding the rules is helped by reading those notes which are available at the Legal Information Institute at Cornell https://www.law.cornell.edu/rules/fre, I strongly advise you to look at the notes for every rule. At least one question on the final will rest on those notes.


Civil Procedure: Rules - Prof. Rhee

Required Materials

  • Joseph W. Glannon, Andrew M. Perlman, & Peter Raven-Hansen, Civil Procedure: A Coursebook (4th ed. 2021) (“Coursebook”) (ISBN 9781543826258). The Coursebook is our primary textbook through which you shall learn the Federal Rules. Always bring this book to class.
  • PracticePerfect: Civil Procedure interactive web software (2020) (ISBN 9781454881421). Bundled with the Coursebook. 
  • PollEverywhere Student License shall be available to download on Monday, 8/23/21 (after our class list is finalized). 
  • LegalPub.com, 2021 Federal Civil Rules Booklet (2021) (ISBN 9781934852415)(“Rulesbook”). A pocket-sized guide with all the Federal Rules. Always bring this book to class. 
  • David Benjamin Oppenheimer, Molly Leiwant, and Sam Wheeler, Patt v. Donner: A Simulated Casefile for Learning Civil Procedure (2d ed. 2019) (ISBN 9781683288886) (“PvD”). This drafting supplement will help you understand basic lawyering and litigation skills. The skills exercises (in blue below) are taken from here. I’ll tell you if you need to bring this book to class. 
  • American Law Institute-American Bar Association Committee on Continuing Professional Education, Skills and Ethics in the Practice of Law (2d ed. 2000) (ISBN 2819770161419) (“S&E”). We’ll update and review this checklist periodically to consider what practical skills you have learned.

For 8/23/21 Class:

  • Coursebook, Chapters 1-2.
  • Complete CALI Statutory Interpretation Lesson (LCS03) (2 hours). You can access all CALI Lessons through the WVU Law Library website, https://www.law.wvu.edu/library. Scroll down to “Online study aids and resources” and click the “CALI Lessons & Resources” link.  Your student code is WESTLVstu233.  It is case sensitive.

Questions? Please email Prof. Rhee at  william.rhee@mail.wvu.edu Thank you.


Firearms Law and Practice - Prof. Rhee

Required book:

Firearms Law and the Second Amendment: Regulation, Rights, and Policy (Nicholas J. Johnson, David B. Kopel, George A. Mocsary & Michael P. O’Shea, eds. Aspen Publishers, 2d ed. 2018), ISBN 9781454876441(“Casebook”). I shall post the supplement on the course TWEN page.

First Class Assignment:

  • Be prepared to tell the class your working paper topic. For starters, think of how weapons/firearms might intersect with any area of law in which you are interested. Law can be defined quite broadly. Although you can write a traditional law reform paper concerning legal doctrine, feel free to examine more interdisciplinary legal topics beyond the formal “law in the books.” For example, a paper about how Hollywood depictions of armed vigilantes have influenced firearms regulation (a topic I just made up without any previous research) would be an acceptable paper topic provided your final paper satisfied the class requirements. A paper about the Black Lives Matter (BLM) movement or police reform would also be acceptable. 
  • Enroll in the class TWEN page (Firearms Law and Policy (Rhee)). Because there is no grading anonymity (you all shall write separate papers), we don’t have to use eCampus. 
  • Try to obtain the Casebook by the first class. I shall post a PDF of the first week’s readings on the TWEN page to give you until the second week to obtain the Casebook. 
  • If you are registered for this class but plan to drop, please email me. There are other students waiting to enroll in the class and the end of the add/drop period is our first day of class.

Questions? Please email Prof. Rhee at  william.rhee@mail.wvu.edu Thank you.


Wealth Transfers - Prof. Rogers

To prepare for class on Aug. 19: After Friday Aug. 13, log on to the course site on eCampus. Go to “Start Here.” Here, watch the welcome video, answer the introductory survey, and take the pretest quiz to see how much you already know. Then go to “Individual Classes.” In the first section there, click on the Class 1 module. That module will show you videos, walk you through the casebook reading assignment, and offer you discussion questions. See you in class!


Water as Property - Prof. Richardson


Trial Advocacy - Prof. Scudiere

Reading:

Mauet, Chapter 1; Chapter 11, Sections 11.6, 11.7, 11,8, 11.9, 11.16


State and Local Taxation - Prof. Tweel

  • Introduction – Ch. 1, pgs 2-20
  • State of West Virginia Digest of Revenue Sources, 7/1/19-6/30/20, pgs, 5-17 and 60-66 (but be familiar with overall digest) http://www.wvlegislature.gov/joint/budget.cfm
  • Jurisdiction to Tax – Ch. 2, pgs 23-55
  • South Dakota v. Wayfair, Inc. 585 U.S. __ (2018)


Energy Law Survey - Prof. Van Nostrand

The casebook we will be using is ENERGY LAW AND POLICY, Davies, Klass, Osofsky, Tomain and Wilson (West Academic, 2nd Edition, 2018).

First Class Assignment:

  • Please sign up for the class on the class TWEN page, which will be available as of Monday, August 16. 
  • Please review the syllabus posted on TWEN, and email me with any questions about the syllabus. 
  • Please read pages 1-15 of the casebook (Introduction). 
  • Please review and be prepared to discuss the Discussion Questions posted to TWEN.


Torts I - Prof. Weishart

Basic Tort Law (5th ed.), pp. 1-14.

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